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Taylor Porter
December 2015
Regulatory Alert
LDEQ REGULATION – 1512Pot1
 
State Implementation Plan (SIP) for Regional Haze Program
 
POTPOURRI NOTICE – December 20, 2015
 
LDEQ responds to EPA’s July 3, 2012 partial disapproval of the Regional Haze Program with revisions focusing on four nonelectrical generating unit (nonEGU) facilities that were addressed under the Best Available Retrofit Technology (BART) section in the original (2008) SIP.
 
The Regional Haze Program is available for review at the LDEQ website:
http://www.deq.louisiana.gov/portal/Default.aspx?tabid=2381
 
PUBLIC HEARING
(Deadline to Request Hearing) January 4, 2016
 
PUBLIC COMMENT
January 27, 2016
4:30 PM
 
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LDEQ REGULATION – 1512Pot2
 
State Implementation Plan Revision
LAC 33:III.Chapter 2
 
POTPOURRI NOTICE – December 20, 2015
 
LDEQ announces its submittal of SIP revisions to EPA, focusing on LAC 33:III.Chapter 2. The revisions establish a completely new fee rule package. A public hearing on this matter may be requested and comments received at the hearing will be submitted as an addendum to the original submittal.
 
The State Implementation Plan Revision is available for review at the LDEQ website:
http://www.deq.louisiana.gov/portal/Default.aspx?tabid=2381

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LDEQ REGULATION - AQ355
 
Offset Requirements in Specified Parishes
LAC 33:III.504
 
PROPOSED RULE – December 20, 2015
 
LDEQ proposes to revise VOC/NOx offset requirements for projects in the Baton Rouge area (parishes of Ascension, East Baton Rouge, Iberville, West Baton Rouge and Livingston). A comparison of the existing and proposed trigger values and offset ratios are as follows:
 
Netting Thresholds in Tons Per Year for Significant Net Increases in VOC and NOx Emissions and Offset Ratio
  VOC NOx Offsite Ratio
Existing
 
25 25 1.1 to 1
Proposed
 
40 40 1.0 to 1
 
 
The Nonattainment New Source Review (NNSR) Procedures and Offset Requirements will not apply to any increase in NOx or VOC emissions that is a direct result of and incidental to the:
 
1) installation of abatement equipment or implementation of a control technique required to comply with another state or federal regulation, consent decree or other enforcement action; or
 
2) voluntary installation of a pollution control project on an existing emissions unit that reduces emissions of air pollutants from the unit.
 
 
PUBLIC HEARING
January 27, 2016
1:30 PM
 
PUBLIC COMMENT
February 3, 2016
4:30 PM
 
______________________________________________

LDEQ REGULATION - AQ357ft
 
Deletion of Significant Monitoring Concentration for PM2.5
LAC 33:III.509
 
PROPOSED RULE – December 20, 2015
 
LDEQ proposes to delete the significant monitoring concentration (SMC) for PM2.5 from Louisiana’s Prevention of Significant Deterioration (PSD) program in order to maintain consistency with EPA’s federal regulatory air program and respond to the 2013 U.S. District Court decision in  Sierra Club v. Environmental Protection Agency, 43 ELR 20019, No. 10-1413, (D.C. Cir., 01/22/2013). EPA had established significant impact levels (SILs) and a SMC for PM2.5 as screening tools to determine whether a new source may be exempt from certain requirements under §165 of the Clean Air Act. The Court held that EPA lacks de minimis authority to promulgate a SMC for PM2.5 that can be used to exempt an owner of a proposed source or modification from undertaking the year-long pre-construction air quality monitoring requirement.
 
PUBLIC HEARING
January 27, 2016
1:30 PM
 
PUBLIC COMMENT
January 27, 2016
4:30 PM
______________________________________________

LDEQ REGULATION - OS093
 
Reportable Quantity (“RQ”) List for Pollutants
LAC 33:I.3905 and 3931
 
PROPOSED RULE – December 20, 2015
 
New regulatory definitions for “compressed gas” and “flammable liquids” are proposed.  Revisions to the definitions of “discharge,” “release” and “unauthorized discharge” in Chapter 39 (“Notification Regulations and Procedures for Unauthorized Discharges”), are also sought.  Additionally, two (2) additional federal regulatory lists are proposed to be added to the Reportable Quantity (RQ) List for Pollutants:
 
1. 40 CFR 355, July 1, 2015, Appendix A – The List of Extremely Hazardous Substances and Their Threshold Planning Quantities; and
 
2. 40 CFR 172.101, July 1, 2015, Appendix A – List of hazardous Substances and Reportable Quantities.
 
The Louisiana-specific RQ table in LAC 33:I.3931 is deleted with the exception of Louisiana-specific RQ’s for: 1) brine from mining solution; 2) oil; 3) produced water; and 4) sweet pipeline gas (methane/ethane).
 
 PUBLIC HEARING
January 27, 2016
1:30 PM
 
PUBLIC COMMENT
February 3, 2016
4:30 PM
______________________________________________

LDEQ REGULATION - AQ347
 
Title I Modification
LAC 33:III.502
 
FINAL RULE – December 20, 2015
 
This final rule amends the definition of “Title I Modification” at LAC 33:III.502.A., as follows:
 
       Title I Modification—any physical change or change in the method of operation of a stationary source               which increases the amount of any regulated air pollutant emitted or which results in the emission of any         regulated air pollutant not previously emitted and which meets one or more of the following descriptions.
 
 
        a.         The change will constitute a modification as described in 40 CFR 60.14 and therefore result in           the applicability of a standard of performance for new stationary sources promulgated pursuant to section       111 of the Clean Air Act.
 
 
       b.         The change will result in a significant net emissions increase under the prevention of significant deterioration (PSD) program, as defined in LAC 33:III.509.B.
 
 
       c.         The change will result in a significant net emissions increase under the program for nonattainment new source review, as defined in LAC 33:III.504.
 
 
         d.         The change will result in the applicability of a maximum achievable control technology (MACT) determination pursuant to regulations promulgated under section 112(g) (modifications, hazardous air pollutants) of the Clean Air Act.
 
 
LDEQ believes the revision will clarify that “Title I Modifications,” in the context of Section III of the Clean Air Act, are limited to physical or operational changes to an existing facility.  

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LDEQ REGULATION - HW116ft
 
Cathode Ray Tubes (CRT)
LAC 33:V.109, 4911, and 4915
 
FINAL RULE – December 20, 2015
 
A new definition of “CRT Exporter” is added to the hazardous waste regulations.
  
“CRT Exporter” - any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or an intermediary in the United States arranging for such export.
  
The rule establishes conditions for exports of used, broken and intact CRTs. For used, broken CRTs, EPA must be notified in writing of an intended export 60 days before the CRTs are scheduled to leave the United States. This notification may cover export activities extending over a 12-month period. EPA must provide a complete notification to the receiving country and any transit countries and may ask the exporter to furnish any additional information requested by the receiving country. The export of CRTs is prohibited without the consent of the receiving country. In addition, exporters must retain copies of notifications and acknowledgments of consent to export CRTs for three (3) years, and file an annual report summarizing the quantities, frequency of shipment, and ultimate recycling facility destination(s) of all used CRTs exported during the previous calendar year, with EPA by March 1 of each year.
 
For used, intact CRTs for reuse, exporters notify EPA in writing. This notification may cover export activities extending over a 12-month period. Exporters must keep copies of normal business records, such as contracts, demonstrating that each shipment of exported used, intact CRTs will be reused. This documentation must be retained for a period of at least three (3) years from the date of export.

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LDEQ REGULATION - WQ091
 
Dissolved Oxygen Criteria Revisions for Eastern Lower Mississippi River Alluvial Plains (LMRAP) Ecoregion
LAC 33:IX.1123
 
FINAL RULE – December 20, 2015
 
This rule revises the dissolved oxygen (DO) criteria in water quality subsegments in the eastern Lower Mississippi River Alluvial Plains (LMRAP), and subsegment boundaries and descriptions within the eastern LMRAP, Southern Plains Terrace and Flatwoods, and Coastal Deltaic Marshes ecoregions. Based on the findings of LDEQ’s ecoregion driven Use Attainability Analysis (UAA), the DO criteria for inland streams have been revised to 2.3 mg/L for March through November; however, for December through February, the DO criteria for inland streams remains as 5.0 mg/L. Boundaries for forty two (42) subsegments within the LMRAP have been refined and twenty one (21) new subsegments are now delineated.
 
Support documents for the amendments are available here.
  • Use Attainment Analysis of Inland Rivers and Streams in the Eastern Lower Mississippi River Alluvial Plains Ecoregion for Review of Dissolved Oxygen Water Quality Criteria
  • Louisiana Water Quality Standards Ecoregions: For Use in Ecologically-Driven Water Quality Standards
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LDHH REGULATION
 
Minimum Disinfectant Residual Levels in Public Water Systems
LAC 51:XII.311, 355, 357, 358, 361, 363, 367, 903, 1102, 1105, 1113, 1117, 1119, 1125, 1133, 1135, 1139, 1503, 1903 and 1907
 
PROPOSED RULE – November 20, 2015
 
In accordance with Act 573 of 2014 and House Concurrent Resolution 54 of 2015, LDHH proposes to finalize an emergency rule, initially promulgated November 6, 2013, that increases minimum disinfection residual levels for public water systems. Disinfection equipment must be operated to maintain disinfectant residuals in each finished water storage tank and at all points throughout the distribution system at all times in accordance with the following minimum levels: 1) a free chlorine residual of 0.5 mg/l; or 2) a chloramine residual (measured as total chlorine) of 0.5 mg/l for those systems that feed ammonia.
 
According to LDHH, the rule is based upon scientific data and recommendations from the federal Centers for Disease Control and Prevention (CDC) relative to the control of the naegleria fowleri (brain-eating amoeba) parasite which has, thus far, been found in four public water systems within Louisiana.  The proposed rule also:
  • increases the number of residual measurements taken monthly or quarterly by 25 percent;
  • requires surface and ground water public water systems to provide public notice upon the 2nd consecutive month having disinfectant residuals less than 0.5 mg/L in over 5.0 percent of the measurements taken each month; and
  • requires public water systems using chlormines as a disinfectant to monitor for nitrification and to take corrective action pursuant to an approved nitrification plan.
 
PUBLIC HEARING
January 25, 2016
9:00 AM
 
PUBLIC COMMENT
January 29, 2016
4:30 PM
 
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